A Reno County judge on Tuesday denied a motion to suppress evidence in the case of two Wichita men charged in the shooting death of a Hutchinson man last September.

Tuesday

May 12, 2009 at 12:01 AMMay 12, 2009 at 6:00 PM

Darcy Gray - The Hutchinson News - dgray@hutchnews.com

Felton T. Williams Jr., 29, and Ronald L. Beard, 21, are both charged with first-degree murder in the Sept. 1, 2008, shooting of Kenneth "Landy" White, 21, at his home at 1612 W. Fourth Ave.

Williams, Beard and a third defendant in the case, 19-year-old Aubrey Oliver of Wichita, reportedly went to White's home to confront him for purportedly threatening Williams' cousin.

Oliver pleaded guilty in January to a lesser charge of conspiracy to commit first-degree murder in exchange for his testimony against Williams and Beard. During a preliminary hearing last November, Oliver testified Williams shot White in the leg and then the head.

The three were arrested the day of the killing after an Oklahoma State Highway Patrol trooper, during a traffic stop, found two guns that had been reported as stolen in the 2000 Cadillac they were riding in - the .40-caliber handgun alleged to be the murder weapon and a 9mm handgun missing from White's home.

In court Tuesday before Reno County District Judge Richard Rome, defense attorneys for Williams and Beard sought to suppress evidence in the case, specifically the search of Williams' Cadillac by Oklahoma Highway Patrol troopers.

Oklahoma troopers testified Tuesday about coming into contact with the white Cadillac three times on Sept. 1, 2008. Testimony revealed the car driven by Williams was first pulled over around 10:30 a.m. Sept. 1 for going 92 mph in a 70 mph zone as it headed south on I-35, about 6 miles north of U.S. 51 in Oklahoma.

Trooper Brandon Harmon testified that as he concluded the traffic stop, citing Williams for speeding and not wearing a seat belt, he quickly left to assist another trooper in a chase. After Williams left, however, he turned around and flagged down another trooper because he thought Harmon had kept his driver's license, but Harmon said he didn't have it.

As Williams' Cadillac headed back south on I-35, trooper Todd Hatchett testified he saw the car run through a stop sign at an off-ramp. After the car was pulled over again - Williams and Beard were reportedly not wearing their seat belts a second time - Hatchett testified he believed Williams gave him consent to search the vehicle.

Hatchett said he asked Williams if troopers could search the vehicle after Harmon mentioned he smelled Black & Mild cigar smoke and thought there would be drugs in the car.

Harmon thought the combination of Black & Mild cigar smoke - he said those cigars can be used to smoke marijuana - and Williams' nervous behavior was cause for the search. Under questioning from Williams' attorney, Kelly Driscoll, he said he did not smell marijuana.

Both Harmon and Hatchett testified to smelling alcohol on Williams but saw nothing suspicious in the vehicle. Harmon said he intended to conduct field sobriety tests on Williams before he left to assist another trooper and let Williams go.

Britt Colle, Beard's defense attorney, called the troopers' suspicion of driving under the influence "just a sham." He argued the "fruits of an illegal search" should not be used against Beard.

"Did you do field sobriety tests? No," he said. "One trooper had already let them go, so (Williams) wasn't suspected of a DUI."

After a video of the traffic stops was played in court, Hatchett recounted his conversation with Williams. He had asked if anything illegal was in the car and asked Williams, "Do you mind if we take a look?"

Williams first said he wanted to go home, and when Hatchett asked a second time to search the car, Williams said, "Yeah, I just want to go." Driscoll noted Williams repeatedly told troopers he was almost out of gas and wanted to get to the gas station, and he did not intend for them to search the vehicle.

District Attorney Keith Schroeder pointed out there was no protest of the search as it happened. Another reason for the troopers' suspicion was the fact Williams said he didn't know the name of his back-seat passenger, which was Aubrey Oliver, or Beard's full name.

"The troopers had probable cause under Oklahoma and Kansas law to search the vehicle," he told Rome.

A jury trial for Williams is scheduled for June 1, and Beard's trial has yet to be set.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.